Mortimer Clarke Solicitors Letter: What to Do

What to do when a Mortimer Clarke Solicitors letter arrives

Receiving a letter from Mortimer Clarke Solicitors can feel alarming, but it does not automatically mean a court claim is imminent. The practical steps below are for anyone holding that letter — or who has received a text, email, or call from them — right now. Working through each step in order helps protect legal rights and avoids making hasty decisions that could make a situation worse.

UK Debt Team is not affiliated with Mortimer Clarke Solicitors and this page is not their official website.

Step 1 — Do not ignore the contact

Ignoring a letter from Mortimer Clarke Solicitors is rarely in a person's interest. Solicitors acting for a creditor can apply to a court for a County Court Judgment (CCJ) if a debt goes unacknowledged, and a CCJ can be obtained without the debtor appearing in court if no response is filed within the deadline stated on the claim form.

A CCJ stays on the Register of Judgments, Orders and Fines for six years unless the full amount is paid within one calendar month of the judgment being issued. That can affect credit applications, mortgage decisions, and in some cases employment. Reading the letter carefully and noting any deadline it contains is the first priority.

Step 2 — Check the contact is genuine

Before taking any action, it is worth confirming that the correspondence is from an actual regulated solicitors' firm and not an attempt at fraud or impersonation. Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). The SRA maintains a public register at sra.org.uk where the name of any authorised firm can be verified.

If the letter includes a phone number, do not call that number to check authenticity — look up the firm's details independently through the SRA register and use those contact details instead. This is a standard step recommended when any unexpected legal correspondence arrives.

Step 3 — Check whether the debt is actually yours

It is not uncommon for debt collection correspondence to be sent to the wrong person — for example because of a similar name, an old address still on file, or because the debt belongs to a previous occupant of the same property. Before engaging on the substance of a debt, it makes sense to confirm that the debt described is one the recipient actually owes.

Check the account name, address, and account reference against any personal records. If the debt does not appear to be the recipient's, this should be stated clearly in writing at the earliest opportunity (see Step 7 below on how to respond in writing).

Step 4 — Ask for proof of the debt (a 'section 77/78' request or written breakdown)

Anyone in England and Wales who receives a demand for a credit debt has the right to request documentary evidence. For a regulated credit agreement — such as a credit card or personal loan — a formal written request under sections 77 or 78 of the Consumer Credit Act 1974 requires the creditor (or their solicitor acting on the creditor's behalf) to supply a true copy of the agreement and a statement of the account.

Until that documentation is provided, the debt is technically unenforceable in court. The request must be made in writing, accompanied by a £1 statutory fee, and sent to the creditor (not necessarily the solicitors, depending on who holds the agreement). Keeping a copy of the request and sending it by recorded delivery creates a paper trail.

For debts that are not credit agreements — such as utility arrears or council tax — a formal CCA request does not apply, but it is still reasonable to ask for a written breakdown of how the total amount claimed has been calculated.

Step 5 — Check whether the debt may be statute-barred

In England and Wales, the Limitation Act 1980 sets a six-year limit on how long most creditors have to bring a court claim for an unsecured debt. The six-year clock typically starts from the date of the last payment made, or the last written acknowledgement of the debt — whichever is more recent.

If six years have passed without any payment or written acknowledgement, the debt may be statute-barred. A statute-barred debt does not disappear — it still exists — but the creditor may no longer be able to enforce it through the courts. Making a payment or acknowledging the debt in writing can restart the limitation period, so it is important to check this before responding.

In Scotland the equivalent period is five years, under the Prescription and Limitation (Scotland) Act 1973. The rules work differently there, and anyone in Scotland holding a letter from a debt solicitor is encouraged to get advice from a Scottish debt specialist before taking any action.

Checking old bank statements or credit reports can help establish when the last payment on an account was made. Free credit reference reports are available through the main UK credit reference agencies.

Step 6 — Work out what, if anything, can realistically be afforded

Before agreeing to any repayment or making any offer, it helps to have a clear picture of monthly income and essential outgoings — rent or mortgage, food, utilities, council tax, travel to work, and any existing debt repayments. This is sometimes called a personal budget or income-and-expenditure statement.

Creditors and their solicitors are generally expected, under the FCA's consumer credit rules, to treat customers in financial difficulty fairly and to consider affordable repayment proposals. An offer based on a realistic budget is harder for a creditor to reject than no offer at all. If a person genuinely cannot afford to repay the debt at the rate demanded, that position can be set out in writing with supporting details.

Formal debt solutions — such as a Debt Management Plan, an Individual Voluntary Arrangement, or a Debt Relief Order — may also be relevant depending on a person's overall financial picture, but decisions about those should be made with the input of a regulated debt adviser, not based on the contents of a single letter.

Step 7 — Reply in writing and keep copies of everything

Responding to Mortimer Clarke Solicitors in writing — rather than by phone — creates a clear record of what was said and when. A written reply can dispute the debt, acknowledge it, request documentation, or make a repayment proposal. Keep a copy of every letter sent and every reply received.

If the letter is a formal Letter Before Claim (sometimes called a Letter Before Action), it is covered by the Pre-Action Protocol for Debt Claims. Under this protocol, the recipient has 30 days to respond using the reply form that should be enclosed with the letter. The options on that form include disputing the debt, asking for more information, or indicating that debt advice is being sought.

Sending a written reply within the stated deadline demonstrates engagement, which courts take into account if proceedings are later issued. Even a simple letter confirming that the correspondence has been received and that further information is being gathered is better than silence.

Step 8 — Get free advice from a regulated source

A solicitor's letter about a debt is a situation where speaking to a regulated debt adviser — not just reading information online — can make a real difference. Free debt advice is available from StepChange Debt Charity, MoneyHelper (the government-backed money guidance service), Citizens Advice, and National Debtline. All four provide impartial, confidential advice at no charge.

These organisations can review the full picture — all debts, income, and outgoings — and explain which options are available, including formal insolvency routes if appropriate. They can also advise on whether the debt may be statute-barred or whether a CCA request is likely to be useful in a specific case.

Anyone who wants to explore the options available through regulated commercial firms — such as an IVA or a Debt Management Plan arranged through a fee-charging provider — can speak to a regulated debt specialist via UK Debt Team's referral panel. UK Debt Team is an introducer, not a debt adviser, and does not assess individual cases.

Common questions about Mortimer Clarke Solicitors letters

Does a letter from Mortimer Clarke Solicitors mean a court claim is about to be issued?

Not necessarily. Solicitors send letters at various stages of the debt recovery process — often long before any court claim is filed. However, the letter should be read carefully to establish whether it is a formal Letter Before Claim under the Pre-Action Protocol, which does signal that court proceedings are being considered if no response is received within 30 days.

Responding in writing within the stated deadline is the most important step, regardless of whether the debt is accepted or disputed.

Is it safe to call the number on the letter?

It is worth verifying the firm's details independently through the SRA register before calling any number printed on correspondence. Phone conversations do not create a written record in the same way that letters do, and anything said — including an acknowledgement that a debt is owed — can in some circumstances restart the limitation period for a statute-barred debt.

Keeping communication in writing is generally the more cautious approach, particularly until the nature and enforceability of the debt have been established.

What happens if the debt is disputed?

If the debt is disputed — for example because the amount is wrong, the debt belongs to someone else, or there is evidence it was already settled — the dispute should be set out clearly in writing, with any supporting documents enclosed. Under the Pre-Action Protocol, the creditor is then expected to pause any court action while the dispute is being investigated.

Keeping copies of all correspondence and any evidence (bank statements, receipts, previous settlement letters) is important. If the creditor proceeds to court despite a genuine dispute, those documents will be relevant to the case.

Can making a payment on an old debt make things worse?

Yes, in some circumstances. For a debt that is approaching or has already passed the six-year limitation period under the Limitation Act 1980, making even a partial payment can restart the clock — meaning the creditor regains the ability to enforce it through the courts. This is one of the reasons checking the age of the debt (Step 5 above) matters before taking any action.

A regulated debt adviser can help assess whether a debt is likely to be statute-barred before any payment decision is made.